Specifications

126
BARRACUDA SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND, AND BARRACUDA HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH RESPECT TO THE BARRACUDA SOFTWARE, EITHER
EXPRESSED OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTIBILITY, OF
SATISFACTORY QUALITY, OF FITNESS FOR ANY APPLICATION, OF ACCURACY, AND
OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BARRACUDA DOES NOT
WARRANT THE CONTINUED OPERATION OF THE SOFTWARE, THAT THE
PERFORMANCE WILL MEET YOUR EXPECTATIONS, THAT THE FUNCTIONS WILL
MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE ERROR FREE OR
CONTINUOUS, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN
INFORMATION GIVEN BY BARRACUDA OR AUTHORIZED BARRACUDA
REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE BARRACUDA
SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION.
6. License. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WILL PROVIDE
AN UNLIMITED ZERO COST LICENSE TO BARRACUDA FOR ANY PATENTS OR OTHER
INTELLECTUAL PROPERTY RIGHTS UTILIZED IN THE BARRACUDA SOFTWARE
WHICH YOU EITHER OWN OR CONTROL.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL BARRACUDA BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT
OF OR RELATED TO YOUR ABILITY TO USE OR INABILITY TO USE THE BARRACUDA
SOFTWARE HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND
EVEN IF BARRACUDA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. In no
event shall Barracuda's total liability to you for all damages exceed the amount of one hundred dollars.
8. Export Control. You may not use or otherwise export or re-export Barracuda Software except as
authorized by the United States law and the laws of the jurisdiction where the Barracuda Software
was obtained.
Energize Update Software License
PLEASE READ THIS ENERGIZE UPDATE SOFTWARE LICENSE CAREFULLY BEFORE
DOWNLOADING, INSTALLING OR USING BARRACUDA NETWORKS OR BARRACUDA
NETWORKS-SUPPLIED ENERGIZE UPDATE SOFTWARE.
BY DOWNLOADING OR INSTALLING THE ENERGIZE UPDATE SOFTWARE, OR USING
THE EQUIPMENT THAT CONTAINS THIS SOFTWARE, YOU ARE CONSENTING TO BE
BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
LICENSE, THEN (A) DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, AND (B)
YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND, OR, IF THE SOFTWARE IS
SUPPLIED AS PART OF ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE
PRODUCT FOR A FULL REFUND. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30
DAYS AFTER PURCHASE FROM BARRACUDA NETWORKS OR AN AUTHORIZED
BARRACUDA NETWORKS RESELLER, AND APPLIES ONLY IF YOU ARE THE ORIGINAL
PURCHASER.
The following terms govern your use of the Energize Update Software except to the extent a particular
program (a) is the subject of a separate written agreement with Barracuda Networks or (b) includes a
separate "click-on" license agreement as part of the installation and/or download process. To the